I think the whole point is that Gateway specially advertised that their product will work on the New 3DS back in Nov'14 but still hasn't released anything for the new owners to use. That's what's making people upset. For the lucky few that get the N3DS released in their regions, they can turn to their local stores for games while waiting. But if your region's from the US, and you got a N3DS from Jap or Aust, then you'll have to import in JP or EU games yourself, which costs more, and has a low or zero resale value when you want to sell it off. Of course, the Sky3DS could be an alternative, but it doesn't have region free like Gateway which is a big turnoff.
To top it off, now the US released date is finally revealed to be less than a month's away. And the Gateway release is still not out. If the US unit does come with firmware 9.2 or lower. The gamers who have imported in their N3DS and been sitting on it these few months must really feel like fools to be holding on to that paperweight all these while.